Section 17: Exploitation by Government agency or third person
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. Exploitation by Government agency or third person
(1) Where the competent authority—
(a) is satisfied that the public interest, in particular, national security, nutrition, health or the development of other vital sectors of
the national economy requires the exploitation of a protected
layout-design for public non-commercial use; or
(b) has, on an application of any party, determined that the manner
of exploitation of a protected layout-design, by the right holder
or his licensee, is anti-competitive, and after such determination,
the competent authority is satisfied that it is necessary to remedy such anti-competitive practice,
it may, upon a request made, even without the authorisation of the right
holder, authorise a Government agency or a third person to exploit the layoutdesign.
(2) The exploitation of the layout-design under subsection (1) shall be—
(a) limited in scope and duration, to the purpose for which it was
authorised;
(b) non-exclusive; and
(c) subject to the payment, to the right holder, of an adequate remuneration which takes into account the economic value of the
authorisation of the competent authority and, where applicable,
the need to correct anti-competitive practices.
(3) Upon request of the right holder or of the beneficiary of the authorisation, the competent authority may, after hearing the parties, vary the terms
of the decision authorising the exploitation of the layout-design to the extent
that changed circumstances justify such variation.
(4) Upon the request of the right holder, the competent authority shall
terminate the non-voluntary licence where he is satisfied that the circumstances which led to his decision have ceased to exist and are unlikely to
recur or that the beneficiary of the authorisation has failed to comply with
the terms of the authorisation.
(5) Notwithstanding subsection (4), the competent authority shall not
terminate an authorisation where he is satisfied that the adequate protection
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Revised Laws of Mauritius
of the legitimate interests of the beneficiary of the authorisation justifies the
maintenance of the authorisation.
(6) Where a third person has been designated by the competent authority
in accordance with subsection (1), the authorisation may only be transferred
with the enterprise or business of the beneficiary of the authorisation or with
the part of the enterprise or business within which the layout-design is being
exploited.
(7) A request for the authorisation of the competent authority shall be
accompanied by evidence that the right holder has received, from the person
seeking the authorisation, a request for a contractual licence but that person
has been unable to obtain such a licence on reasonable commercial terms
and conditions and within a reasonable time.
(8) A decision of the competent authority under this section may be the
subject of an appeal to the Court by any interested party within 2 months of
the date of the decision.